Somasundram.A v. The Joint Director Of Health And Rural Service
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.01.2023
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI A.Somasundram ... Petitioner Vs.
1. The Joint Director of Health and Rural Service, Office of the Director of Health and Rural Service Office, Trichirappalli-620 001.
2.The Division Manager, The United India Insurance Company Limited, Divisional Office, 5th Floor, P.L.A.Rathna Towers, No.212, Annasalai, Chennai-600 002.
3.The MD India Health Care Services (TPA) Pvt.Ltd., Rep.by its authorized person, (Guna Complex), Raheja Towers, Ground Floor, Unit No.S0002, Delta Wing No.17, Mount Road, Annasalai, Chennai-600 002.
... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Mandamus,directing the respondents to reimburse the medical expenses a sum of Rs.2,68,274/- along with 12% interest per annum and consequently, consider the representation of the petitioner dated 12.09.2022.
For Petitioner :
Mr.P.Arun Jayatram For Respondents :
Mr.K.Christy Theboral Additional Government Pleader for R1 Mr.C.Karthick for R2
O R D E R
This Writ Petition has been filed to direct the respondents to reimburse the medical expenses of Rs.2,68,274/- along with 12% interest per annum and consider the representation of the petitioner dated 12.09.2022.
2. The learned counsel appearing for the petitioner would submit that the petitioner is a retired Indian Forest Service Officer and retired from service in the year 2009. The petitioner and his wife were suffered with medical issues and they were admitted in Apollo Speciality Hospital, Trichirappalli. At the time of discharge, the hospital informed the petitioner that for his wife's medical treatment, the total bill amount is Rs.2,21,224.51/- and the third respondent has authorised only a sum of Rs.86,106/- and for his medical treatment, the total bill amount is Rs.1,69,336.41/- and the third respondent has authorised only a sum of Rs.36,181/-. Hence, the petitioner has sent a complaint to the first respondent on 12.09.2022 as per the New Health Insurance Scheme. However, till date, no order has been passed. Hence, the present writ petition has been filed.
3. The learned counsel appearing for the petitioner would submit that it would suffice, if this Court directs the first respondent to consider the complaint of the petitioner dated 12.09.2022 and pass appropriate orders on
merits and in accordance with law.
4. The learned counsel appearing for the 2nd respondent would submit that the eligible medical benefits was settled in favour of the petitioner. However, the petitioner's complaint dated 12.09.2022 will be considered in accordance with law.
5. Heard the learned counsel appearing for the petitioner, the learned Additional Government Pleader appearing for the 1st respondent and the learned counsel appearing for the 2nd respondent.
6. Considering the limited request made by the learned counsel for the petitioner, this Court, without going into the merits of the matter, directs the 1st respondent to consider the petitioner's complaint, dated 12.09.2022 and pass appropriate orders, on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs.
11.01.2023 NCC:Yes/No Index : Yes / No Speaking Order : Yes / No ssb To
1. The Joint Director of Health and Rural Service, Office of the Director of Health and Rural Service Office, Trichirappalli-620 001.
2.The Division Manager, The United India Insurance Company Limited, Divisional Office, 5th Floor, P.L.A.Rathna Towers, No.212, Annasalai, Chennai-600 002.
3.The MD India Health Care Services (TPA) Pvt.Ltd., Rep.by its authorized person, (Guna Complex), Raheja Towers, Ground Floor, Unit No.S0002, Delta Wing No.17, Mount Road, Annasalai, Chennai-600 002.
M.DHANDAPANI,J.
ssb 11.01.2023